Delaware Business Court Insider
By Barry M. Klayman and Mark E. Felger Special to the DBCI | September 21, 2011
Earlier this month, inCML V LLC v. Bax , the Delaware Supreme Court held that a creditor of an insolvent limited liability c lacks standing under the Delaware Limited Liability C
Delaware Business Court Insider
By Jeff Mordock | December 19, 2012
The Delaware Court of Chancery has ruled that a company that sells software enabling businesses to back up their data has violated a previous order issued by the court by failing to provide a
Delaware Business Court Insider
By Jeff Mordock The Delaware Supreme Court outlined multiple factors the Chancery Court must consider in applying laches instead of the three-year statute of limitations which typically governs contract disputes after ruling the lower court correctly applied the equitable defense in | August 24, 2011
Justice Carolyn Berger composed the decision for theen banc court. In her opinion, Berger ruled that the Chancery Court accurately applied laches because the case's unusual circumstanc
Delaware Business Court Insider
By Jeff Mordock Of the Delaware Business Courts Insider The Chancery Court has sustained in part the claims of an investor challenging the sale of a corporate asset because of bonuses received the directors related to the deal's completion. | June 8, 2011
The ruling will likely serve as a test case for future asset sale lawsuits because the court ruled that the burden of proof rests with the plaintiff to demonstrate that a transaction is unfai
Delaware Business Court Insider
By Special to Delaware Law Weekly | March 30, 2011
Court o cery Provides Guidance on Top-Up OptionsBy John F. Grossbauer and Michael K. ReillySpecial to the Delaware Business Court InsiderIn a recent Delaware Court o
Delaware Business Court Insider
By David A. Katz and Laura A. McIntosh | August 7, 2013
Late last month, in an important decision, the Delaware Court of Chancery held that boards of directors of Delaware corporations may validly adopt exclusive forum bylaws, also known as forum
Delaware Business Court Insider
By Jeff Mordock | May 9, 2012
The Delaware Court of Chancery has dismissed a shareholder lawsuit against the directors of BlackRock Inc., ruling that the plaintiff's claims were derivative in nature and unable to support
Delaware Business Court Insider
By Jeff Mordock | February 15, 2012
An open government group's challenge to confidentiality provisions in the Chancery Court's special arbitration program was argued in U.S. district court in Philadelphia last week, as both sid
Delaware Business Court Insider
By Edward M. McNally Special to the DBCI | October 19, 2011
In recent years, limited liability companies and limited partnerships have become the preferred form of entity for new businesses. In Delaware, for example, there are now more LLCs and LLPs f
Delaware Business Court Insider
By Elizabeth Bennett | April 27, 2011
A shareholder derivative suit has been filed in the Delaware Court of Chancery against the board of Berkshire Hathaway Inc. and its chairman and CEO, Warren E. Buffett, in the aftermath of in
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